- Prosecution action after failure to comply with abatement notice issued July 2023
- Light nuisance caused by home security lights and actions to antagonise complainants
- Court orders resident to pay £651
A woman from Tamworth who failed to comply and breached an abatement notice prohibiting light nuisance, has been successfully prosecuted by Tamworth Borough Council.
A resident from Two Gates Tamworth, has been convicted for the offence of breaching an abatement notice, served under the Environmental Protection Act 1990; in relation to light nuisance from an outside light that unreasonably interfered with the use, or enjoyment of a home or premises.
Two security floodlights and a camera, at the property of the prosecuted resident were found to be extremely bright and being used to antagonise their neighbours. The lights would go on and off randomly throughout the night causing disruption to sleep, anxiety and stress. Or they would be left on for longer periods for no discernible reason.
The perpetrator disregarded the opinions of Tamworth Borough Council’s Environmental Health officers and were especially dismissive of the complainants’ concerns.
The woman was charged and sentenced to pay a fine of £108 with a victim surcharge of £43 and a contribution towards costs of £500.
A Tamworth Borough Council officer served an abatement notice July 2023, requiring the perpetrator to ‘abate the nuisance’, meaning stop or reduce the problem until it’s no longer a concern. After a short period of compliance, the issue returned and so the decision was made to prosecute once two breaches of the notice were witnessed by council officers.
During that time, the perpetrator finally agreed to reduce the lights brightness and timings to the point where it was no longer considered a nuisance. Currently, there is compliance with the notice.
Stephen Gabriel, Chief Executive at Tamworth Borough Council, said: “In this case the perpetrator disregarded the impact their actions were having on others and wilfully refused to check their behaviour. They continued to breach the terms of their abatement notice so we were left with no choice but to take court action.
“Light nuisance is an offence often easily resolved once we discuss and outline any issues with the parties involved. However, the perpetrator refused to comply so faced prosecution.
“We work closely with all residents and take any reports very seriously. Crimes that effect the use or enjoyment of someone in their home will be acted on and notices or prosecution issued when required.”
For more information about anti-social behaviour and how to report any incidents, please take a look at the council website here: https://www.tamworth.gov.uk/community-safety/anti-social-behaviour